More use options OK'd for Bear Creek Township commercial property

Based on a Thursday decision by the Emmet County Board of Commissioners, a wider range of business uses will be possible for a piece of land in a busy Bear Creek Township commercial area.

The county board approved an amendment to the planned unit development agreement for Bear Creek Plaza, located off U.S. 131 just north of Lears Road, commissioner Bill Fedus said today, Friday.

This amendment involves a parcel of land located next to an existing Applebee's restaurant along U.S. 131. A sit-down restaurant and offices were among the acceptable uses specified for the property, which Southfield-based Versa Development is interested in developing.

With the modifications approved by the county board, the range of possible uses would expand to include retail business or a mixed-use project with restaurant and retail components.

The site and possible uses for it have previously been the topic of litigation. At one point, the Bob Evans restaurant chain was interested in setting up a location there, and the planned-unit development agreement governing Bear Creek Plaza was updated to allow for the dining use.

Miller Apple Limited Partnership, owner of the local Applebee's, pursued a court challenge of that 2008 zoning modification, noting concern about economic harm from the addition of a third restaurant to the plaza.

But the Emmet County Circuit Court concluded that Miller Apple's expectation of economic harm from the Bob Evans restaurant proposed across the street from its Applebee's was not a legally protected interest. The Michigan Court of Appeals later agreed with the circuit court's conclusion.

Miller Apple then sought the Michigan Supreme Court's consideration of the matter, but the state's high court recently declined to hear the case, Emmet County assistant planning director Tammy Doernenburg said.

Versa Development's Steve Robinson did not respond to a message seeking comment as to specific uses being considered for the site in Bear Creek Plaza.